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TERMS OF USE: Thank you for choosing Casablanca Coach Worldwide. If you have already received a confirmation message from our company, please review your travel information for accuracy. RATE ESTIMATE: The rate presented to you prior to your trip is an initial estimate of the cost of service as reserved. Wait time or additional services may change your rate. U.S. and Canadian rates are based on hourly OR mileage/kilometers charges, whichever rate is greater, from the time the vehicle leaves its home garage until it returns to its home garage. Some services outside the U.S. and Canada nay be based on hourly AND mileage/kilometers as well. ADDITIONAL CHARGES: Tolls, parking, phone usage and other surcharges that cannot be calculated prior to service are not included in the estimate. CANCELLATION AND CHANGES: To change or cancel a reservation, please call 1-877-454-6688 or 617-350-0350 for calls outside of the U.S. and Canada. Cancellations must be received at least 4 hours in advance of the service pick up time for most U.S. and Canadian locations and up to 48 hours in advance for international reservations. For all reservations, please check your confirmation for the specific cancellation policy. This is determined by your city of service and vehicle type. A charge will apply for a late cancellation. Please retain your cancellation number. If you experience difficulty locating your chauffeur, please call the telephone number listed on your confirmation message next to your reservation number. Leaving your pick up location without notifying Casablanca Coach Worldwide may result in a "no-show" charge. Your use of Casablanca Coach Worldwide services indicates your acceptance of these Terms of Use. WEB SITE TERMS OF USE: Casablanca Coach Worldwide Web Site Terms of Use: 1. Acceptance. Use of the Casablanca Coach Worldwide web site at www.casablancacoach.com and the on-line reservation services provided by Casablanca Coach Worldwide are subject to the terms of use set forth below ("Terms of Use"), which include the Privacy Policy set forth in our online privacy policy and incorporated into these Terms of Use by reference. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEB SITE OR THE SERVICES. BY USING THE WEB SITE OR THE SERVICES, YOU AGREE TO THESE TERMS OF USE. IF AN INDIVIDUAL IS USING THE WEB SITE ON BEHALF OF A BUSINESS ENTITY, BY DOING SO, SUCH INDIVIDUAL REPRESETNS THAT THEY HAVE THE LEGAL CAPACITY AND AUTHORITY TO BIND SUCH BUSINESS ENTITY TO THE TERMS OF USE. "YOU" SHALL REFER BOTH TO THE INDIVIDUAL ACCESSING THE WEB SITE ON BEHALF OF A BUSINESS ENTITY, WHETHER AS AN EMPLOYEE, CONSULTANT OR AGENT OF SUCH BUSINESS ENTITY, BY DOING SO, SUCH INDIVIDUAL REPRESENTS THAT THEY HAVE THE LEGAL CAPACITY AND AUTHORITY TO BIND SUCH BUSINESS ENTITY TO THE TERMS OF USE. "YOU" SHALL REFER BOTH TO THE INDIVIDUAL ACCESING THE WEB SITE ON BEHALF OF A BUSINESS ENTITY, IF ANY, AND ANY SUCH BUSINESS ENTITY ITSELF. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE WEB SITE OR THE SERVICES. CASABLANCA COACH WORLDWIDE MAY CHANGE THESE TERMS OF USE FROM TIME TO TIME WITHOUT NOTICE, AND SUCH CHANGES WILL BE EFFECTIVE ON THE DATE THEY ARE POSTED ON THE WEB SITE. USE OF THE WEB SITE AFTER SUCH CHANGES HAVE BEEN POSTED CONSTITUTES YOUR ACCEPTANCE OF ALL SUCH CHANGES. 2. Use of the Web Site and the Services. You may only use the Web Site and the Services in accordance with the Terms of Use, and posted policies and procedures that appear on the Web Site, and for lawful purposes. you agree not to use the Web Site to:(a) transmit any material that infringes or misappropriates any third party's copyright, trademark, trade secret, patent, or other proprietary rights, (b) transmit any material that is false, inaccurate, fraudulent, or misleading,(c) distribute computer viruses, worms, or software intended to damage or alter a computer system without the owner's consent, (d) use "auto-responders", "cancel -boots," or other similar mechanisms that generate excessive network traffic,(e) transmit any unlawful, harmful, defamatory, pornographic, obscene, vulgar, threatening, harassing or otherwise objectionable material, (f) send or relay any unsolicited advertising or chain letters, (g) exceed your permitted access or attempt to gain unauthorized access to the Web Site or any part thereof, or other accounts, computer systems or networks connected to the Web Site, through login password mining or any other means, (h) frame any portions of the Web Site within another Web Site or establish links from any other web site to any page of the Web Site other than the home page or (i) resell use of or access to, the Web Site or the services to any third party without Casablanca Coach Worldwide prior written consent. Casablanca Coach Worldwide reserves the right to terminate your access to the Web Site or services at any time without notice if it determines, in its sole discretion that you have abused or violated any of these terms of use. 3. User name, Password and Security. You are responsible for maintaining the confidentiality of any user name and/or password provided to you by Casablanca Coach Worldwide for use in connections with the web site. You are solely responsible for all activities that occur under your user name and/or password and you agree to notify Casablanca Coach Worldwide immediately of any unauthorized use of your user name and/or password or any other breach of security relates to the web site. CASABLANCA COACH WORLDWIDE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO SAFEGUARD YOUR USER NAME AND/OR PASSWORD OR TO COMPLY WITH THIS SECION. 4. Services. Casablanca Coach Worldwide provision to you of the services may be subject to other terms, conditions and restrictions set forth on the web site or otherwise communicated in writing to you by Casablanca Coach Worldwide, including via email. The services are subject to availability and all price quotes are estimates. Please refer to the FAQ's page for more info. 5. Proprietary Rights. The web site, certain content therein, the services and any underlying software may be protected by copyright, trademark patent, and/or other intellectual property and proprietary rights laws and are owned (along with all proprietary rights therein) by Casablanca Coach Worldwide and its licensors, You agree that you will not copy, distribute, republish, display, post, transmit, download, or modify any content you obtain from the web site without Casablanca Coach's prior permission; provided. however that you may download or apron a copy of information from the web site for your use in learning about, reserving or using the services. 6. Warranty Disclaimer. THE WEB SITE, THE SERVICES, AND ANY INFORMATION PROVIDED THROUGH THE WEB SITE ARE PROVIDED BY CASABLANCA COACH WORLDWIDE ON AN "AS IS " BASIS, AND NEITHER AFFILIATES, VENDORS OR SUBCONTRACTORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED AS TO THE OPERATION OF THE WEB SITE OR SERVICES OR THE INFROMATION MADE AVAILABLE BY OR THROUGH THE WEB SITE OR THE SERVICES. IN ADDITION, CASABLANCA COACH WORLDWIDE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY AND NON-STATUTORY, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, TITLE, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OR ANY WARRANTY ARISING FROM COURSE OF DEALING OR CUSTOM OF TRADE. NEITHER CASABLANCA COACH WORDLWIDE NOR ANY OF ITS SUBSIDIARIES, PARTNERS, AFFILIATES, VENDORS OR SUBCONTRACTORS WARRANTS THAT USE OF THE WEB SITE PARTICULAR LOCATION, SECURE OR ERROR FREE, THAT DEFECTS WILL BE POTENTIALLY HARMFUL COMPONENTS. Some jurisdictions may not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. 7. Limitation of Liability. IN NO EVENT WILL CASABLANCA COACH WORLDWIDE, ANY OF ITS SUBSIDIARIES, PARTNERS, AFFILIATES, VENDORS OR SUBCONTRACTORS, INCLUDING THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES(INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEB SITE, THE SERVICES, OR ANY WEB ITES LINKED TO THE WEB SITE, WHETHER BASED ON CONTRACT, TORT, OR OTHER LEGAL THEORY, AND REGARDLESS OF WHETHER CASABLANCA COACH WORLDWIDE KNEW OR WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CASABLANCA COACH'S AGGREGATE LIABLITY FOR DIRECT DAMAGES ARISING FROM OR RELATING TO THE WEB SITE OR THE SERVICES (REGARDLESS OF THE CAUSE OF ACTION, WHETHER UNDER CONTRACT, TORT, OR OTHER LEGAL THEORY) IS LIMITED TO THE GRATER OF (i) THE AMOUNT PAID BY THE USER TO CASABLANCA COACH WORLDWIDE FOR THE SPECIFIC SERVICE THAT IS THE SUBJECT OF THE DISPUTE OR (ii) $50. THE FOREGOING LIMITATIONS OF LIABILITY ARE INDEPENDENT OF, AND SHALL APPLY REGARDLESS OF, ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED OR EXLUSIVE REMEDY. You acknowledge that Casablanca Coach Worldwide has agreed to provide the Web Site and the services in reliance on the exclusions of liability and disclaimer of warranty set forth herein. Some jurisdictions do not allow the limitation of incidental or consequential damages, so the above limitation may not apply to you. 8. Indemnification. You agree to indemnify and hold Casablanca Coach Worldwide, its subsidiaries, partners, affiliates, vendors, subcontractors, officers, employees, and agents harmless from any and all losses, liabilities, damages and/or costs (including reasonable attorney's fees) arising from any third party claims arising from or related to your use of the Web Site, the services or your violation of the Terms of Use. 9. Communications with Casablanca Coach Worldwide. Any communication or material you transmit to us by email or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as non-confidential and nonproprietary, except to the extent expressly covered by our Privacy Policy, anything you transmit or post may be used by us for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, you expressly agree that we are free to use any idea, concepts, know how, or techniques contained in any communication you send to us without compensation and for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products and services using such information. 10. Privacy. Casablanca Coach Worldwide takes the privacy of you and your information very seriously. For further information about what information we collect and how we use such information, please view our Privacy Policy. 11. Severability. If any part of these terms of use shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these terms of use. 12. Waiver; Remedies. The failure of Casablanca Coach Worldwide to partially or fully exercise any rights or the waiver of Casablanca Coach Worldwide or any breach of these terms of use by you, shall not prevent subsequent exercise of such right by Casablanca Coach Worldwide or be deemed a waiver by Casablanca Coach Worldwide of any subunit breach by you of the same or any other terms of these terms of use. The rights and remedies of Casablanca Coach Worldwide under these terms of use and any other applicable agreement between you and Casablanca Coach Worldwide shall be cumulative and the exercise of any such right or remedy shall not limit Casablanca Coach's right to exercise any other right or remedy. 13. International Access. This Web Site and Service is provided from the United States of America and all servers that make it available reside in the U.S.A. the laws of other countries may differ regarding the access and use of the Web Site and Service. We make no representations regarding the legality of this Web Site and Service in any other country and it is your responsibility to ensure that your use complies with all applicable laws outside of the U.S.A. 14. Arbitration. Any and all disputes pursuant to these terms of use, or otherwise between the parties, shall be submitted to binding arbitration in the State of Massachusetts in accordance with the commercial rules of the American Arbitration in Association ("AAA") then in effect. The arbitration panel shall consist of one (1) neutral arbitrator if the amount in controversy in less than $25,000, otherwise the panel shall consist of three (3) neutral arbitrations, each an attorney with at least five years of experience in the primary area of law as to which the dispute relates. The costs of the arbitration shall be shared equally by the parties, provided that, the arbitrator may award attorneys costs and expenses to the prevailing party. The parties agree that any actions or disputes shall be adjudicated between the parties hereto, and shall not be combined with any other actions or disputes of other parties, Not withstanding the foregoing, this arbitrations clause shall not in any way be deemed to limit Casablanca Coach Worldwide right to commence an action in an appropriate court (and without submitting to arbitration) to protect its intellectual property rights or enjoin prohibited use of the Web Site and Service. 15. Governing Law. The laws of the State of Massachusetts shall govern these terms of use. Subject to the arbitration provision above, YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN MASSACHUSETTS FOR ALL MATTER ARISING IN CONNECTION WITH THESE TERMS OF USE OR YOUR ACCESS OR USE OF THE WEB SITE OR SERVICE. 16. Force Majeure. Casablanca Coach Worldwide shall not be responsible for damages caused by delay or failure to perform, in full or in part, any of its obligations in connection with the Web Site or Services, provided that there is due diligence in attempted performance under the circumstances and that such delay or failure is due to fire, earthquake, unusually severe weather, strikes, government sanctioned embargo, flood, act of God, act of war or terrorism, act of any public authority or sovereign government, civil disorder, delay or destruction caused by public carrier, or any other circumstance substantially beyond the control of Casablanca Coach Worldwide. 17. Entire Agreement. These terms of use and the other policies and terms set fourth on the Web Site set forth the entire agreement between you and Casablanca Coach Worldwide on this subject matter and supersede all other negotiations, understandings, statements and agreements between the parties. 18. Questions. Should you have any questions regarding these terms of use you may contact us at info@casablancacoach.com notwithstanding the foregoing, Casablanca Coach Worldwide is under no obligation to provide end-user technical support for the service.
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